Watson v. City of Salem

• Decision Date: 19 June 1917
• Citation: 164 P. 1184,84 Or. 666
• Parties: WATSON ET AL. v. CITY OF SALEM.
• Court: Oregon Supreme Court

164 P. 1184

84 Or. 666

WATSON ET AL. v. CITY OF SALEM.

Supreme Court of Oregon

June 19, 1917

Department 2.

Appeal from Circuit Court, Marion County; Wm. Galloway, Judge.

On petition for rehearing. Petition denied.

For former opinion, see 164 P. 567.

B. W Macy and Grant Corby, both of Salem (Wm. H Trindle, of Salem, H. D. Roberts, of Greeley, Colo., Rollin K. Page, of Salem, and W. T. Slater, of Portland, on the brief), for appellant. John H. Carson and Claire M. Inman both of Salem (John A. Carson and Claire M. Inman, both of Salem, on the brief), for respondents.

HARRIS, J.

In a petition for a rehearing filed in this and in the companion case of Albert v. Salem, the city contends that section 531 L. O. L., does not apply to the measurement of time for the publication of notices by cities or towns. The petitioner relies upon Chung Yow v. Hop Chong, 11 Or. 220, 221 4 P. 326. The case cited is not applicable, for it refers to what is now known as section 539, L. O. L., a provision relating to the proof of the service of notices. As pointed out in the original opinion, section 531, L. O. L., has served as the standard by which to measure time, not only in actions and suits, but also in other proceedings. Notable illustrations may be found in Rynearson v. Union County, 54 Or. 181, 102 P. 785, and in State ex rel. v. Macy, 161 P. 111. To refuse to abide by the standard fixed by that statute would be to ignore a rule that is firmly established by precedents.

The remainder of the argument found in the petition proceeds upon the theory that we held that the notice should have appeared in six successive issues of a daily newspaper. We did not rule that the charter required the notice to be printed and to appear in six successive issues of the newspaper. The original opinion points out that section 26 of the charter embraces two elements: (1) The period of publication; and (2) the manner of publication. The period of publication is measured by applying the rule established in section 531, L O. L. This rule excludes the first day of publication in determining the period of time. For example, if a statute directed the publication of a notice for at least one week in a weekly newspaper, it would not be necessary to print the notice in two successive issues of the weekly newspaper; and while one printing and one appearance of the notice would be enough, nevertheless the day on which the paper was...